United Workers’ Union v

[2022] FWC 2113

[2022] FWC 2113

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Workers’ Union

v

Queensland Diagnostic Imaging Pty Ltd

(B2022/1191)

VICE PRESIDENT CATANZARITI SYDNEY, 9 AUGUST 2022

Proposed protected action ballot of employees of Queensland Diagnostic Imaging Pty Ltd

1. This is an application by the United Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Queensland Diagnostic Imaging Pty Ltd (Respondent).

1. On 9 August 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the statutory declaration of Karthika Raghwan of the Applicant declared on 5 August 2022, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

1. An Order has been separately issued in PR744633.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR744634>